Article 46

Board of Appeal

1. A Board of Appeal is established. The Board of Appeal shall be responsible for deciding on appeals against decisions of the Agency.

2. The Board of Appeal shall be composed of six members and six alternates which shall be appointed, from a list of qualified candidates established by the Commission, by the Administrative Board, on the basis on their relevant expertise in the fields of space law or space activities, notably on matters related to the safety, risk management, cybersecurity, environmental sustainability of space activities, or ISOS.

3. Two members of the Board of Appeal and two alternates shall be appointed by the Administrative Board referred to in Article 72(1) of Regulation (EU) 2021/696, from a shortlist proposed by the Commission, following a public call for expressions of interest which shall be published in the Official Journal of the European Union.

4. The members of the Board of Appeal shall be independent in making their decisions. They shall not be bound by any instruction. They shall not perform any other duties within, and in relation to, the Agency, its Administrative Board, Security Accreditation Board or Compliance Board.

5. The term of office of the members of the Board of Appeal shall be 4 years. It may be prolonged once. Members of the Board of Appeal shall not be removed during their term of office unless found guilty of serious misconduct by decision of the Administrative Board.

6. The decisions of the Board of Appeal shall be adopted based on a majority of four of its six members. The Board of Appeal shall designate its Chairperson. The Chairperson and the members shall have equal voting rights.

7. The Agency shall ensure adequate operational and secretarial support for the Board of Appeal.

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